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Madras High CourtWP/2916/2019disposed of

Kalimuthu v. The District Revenue Officer

2019-02-04Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.2916 of 2019 and W.M.P.Nos.3176 & 3177 of 2019 Kalimuthu

...Petitioner

Vs

1. The District Revenue Officer, Coimbatore South, Coimbatore.

2. The Thasildar, Sulur, Coimbatore.

3. Mallika

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 29.06.2016 in D.R.No.2016/2/10/000004SD on the file of 2nd respondent and quash the same and consequently for a direction against the second respondent to cancel the sub division made in Survey No.436/2B9 and further to restore and original patta in favour of the petitioner for the total extent of the property.

For Petitioner : Mr.Thomas Rajadurai for M/s.RRN Legal For Respondents: Mr.R.Govindasamy Special Government Pleader for R1 & R2.

O R D E R

Mr.R.Govindasamy, learned Special Government Pleader, takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed challenging the proceedings of the 2nd respondent Tahsildar dated 29.06.2016 transferring the patta in the name of the 3rd respondent.

3. Needless to say that the petitioner has to only exhaust the statutory remedy available in the Patta Passbook Act first, before resorting to file the present writ petition, that too, against an order made as early as on 29.06.2016. Therefore, this https://hcservices.ecourts.gov.in/hcservices/

Court is not inclined to entertain the present the writ petition as the petitioner has to avail the Appeal remedy before the competent authority. Accordingly, this writ petition is dismissed. It is open to the petitioner to file such appeal by raising all the contentions including the reason for filing the appeal with a delay. If any such appeal is filed, it is for the appellate authority to consider and decide the same in accordance with law. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsi To

1. The District Revenue Officer, Coimbatore South, Coimbatore.

2. The Thasildar, Sulur, Coimbatore.

+1cc to M/s.RRN Legal, Advocate sr.no.9073 +1cc to Government Pleader sr.no.10262 W.P.No.2916 of 2019 gj(co) nr 04/03/2019 https://hcservices.ecourts.gov.in/hcservices/